Law Commons^™

Tax Exemptions Protect Religious Freedom. We Should Keep Them, Richard Garnett

Richard W Garnett

Instead of asking whether churches and religious organizations deserve to be tax-exempt, we should ask why governments should be able to tax them at all. Taxation, after all, involves interference by the state, and in a free society such interference needs to be justified.

Ndls Faculty Experts Comment On Pope's Visit To The United States, Doug Cassel, Richard Garnett, Margaret Brinig, Nicole Garnett

Richard W Garnett

Several faculty members have been working with the media giving quotes, interviews, and writing op-eds on the Pope’s visit to the United States.

When It Comes To Abolishing The Death Penalty, Who Should Decide?, Richard Garnett

Richard W Garnett

Rick Garnett had the op-ed When It Comes to Abolishing the Death Penalty, Who Should Decide? published in the America on June 29.

Rick Garnett Was Quoted In The Atlantic Article "Gay Marriage And The Future Of Evangelical Colleges", Richard Garnett

Richard W Garnett

Now that same-sex couples have the right to wed, will higher-ed institutions that condemn LGBT students still be eligible for federal funding? “It seems to me very likely that, in the coming years, schools and universities that accept public funds and support will be required—as a condition of those funds—to have nondiscrimination rules that forbid discrimination on sexual-orientation grounds,” said Rick Garnett, a professor who oversees the Program on Church, State & Society at Notre Dame’s law school, in an email. “And, these rules will not distinguish between sexual-orientation discrimination and non-recognition of same-sex marriages.”

Quoted In The Christian Science Monitor Article, "Ruling Against Obamacare Birth Control Mandate Creates Legal Limbo", Richard Garnett

Richard W Garnett

“When it comes to the accommodation of religion, there are always a number of variables in play, including the sincerity of the claimants' asserted beliefs, the strength of the government's interest in denying the exemption, and the nature of the burden that the government is imposing on religious exercise,” wrote Richard Garnett, a political scientist at the University of Notre Dame in an e-mail to The Christian Science Monitor. “There is, at present, disagreement and even confusion among scholars and courts over how to identify and evaluate alleged burdens on religion,” he added.

Quoted In The Washington Post Article "Legally, ‘God’S Authority’ Is A Tough Issue", Richard Garnett

Richard W Garnett

"Appeals to “natural law,” and morality, as Davis and Bunning discussed Thursday, are difficult for a judge to assess," said Richard Garnett, a Notre Dame law professor who specializes in religion and the law.

Bloomberg Law Brief: Georgia Says No To A Kkk Group, Richard Garnett

Richard W Garnett

Rick Garnett was a guest on the Bloomberg Law Brief: Georgia Says No to a KKK Group (Audio) on July 17, 2015.

The Worms And The Octopus: Religious Freedom, Pluralism, And Conservatism, Richard Garnett

Richard W Garnett

formidable challenge for an academic lawyer hoping to productively engage and intelligently assess “American Conservative Thought and Politics” is answering the question, “what, exactly, are we talking about?” The question is difficult, the subject is elusive. “American conservatism” has always been protean, liquid, and variegated – more a loosely connected or casually congregating group of conservatisms than a cohesive and coherent worldview or program. There has always been a variety of conservatives and conservatisms – a great many shifting combinations of nationalism and localism, piety and rationalism, energetic entrepreneurism and romanticization of the rural, skepticism and crusading idealism, elitism and …

Quoted In The Penn Live Article, "Pope Francis Not Likely To Give Congress Answers To Thorny Issues", Richard Garnett

Richard W Garnett

"He is not interested in making politicians--whether 'liberal' or 'conservative'--feel comfortable or smug."—Rick Garnett

Rick Garnett Was Quoted In Npr – Justices Give Officials More Say On Cars’ Plates, Less On Roadside Signs On June 18 2015, Richard Garnett

Richard W Garnett

No abstract provided.

Rick Garnett Was Quoted In The Washington Post – Supreme Court Rules For Arizona Church In Sign Ordinance Case On June 18 2015, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in The Washington Post – Supreme Court rules for Arizona church in sign ordinance case on June 18 2015

Rick Garnett Was Quoted In The Denver Post Article "Douglas County School Voucher Supporters Eye Bigger Legal Fight", Richard Garnett

Richard W Garnett

No abstract provided.

Rick Garnett Was Quoted On The New York Times Article "Schools Fear Impact Of Gay Marriage Ruling On Tax Status", Richard Garnett

Richard W Garnett

No abstract provided.

Two Overlooked Free Speech Rulings From Scotus, Richard Garnett

Richard W Garnett

It was a busy day at the Court—the justices issued opinions in six decided cases—and, while it's safe to say that some were disappointed by the absence of an Obamacare or marriage blockbuster, two of the decisions have the potential to be landmark, even if underappreciated, freedom-of-speech rulings: Reed v. Town of Gilbert and Walker v. Sons of Confederate Veterans.

Each of these rulings involved the re-affirmation and application of longstanding, "black letter" First Amendment doctrine and each will have implications and reverberations that are not yet clear. In a way, the strong protections that were vindicated in Reed are …

Rick Garnett Was A Guest On The Bloomberg Law Podcast Laws Over Separation Of Church And State On April 16, 2015, Richard Garnett

Richard W Garnett

Rick Garnett was a guest on the Bloomberg Law podcast Laws Over Separation of Church and State on April 16.

Rick Garnett Was Quoted In The La Time Article Supreme Court Sides With Muslim Girl Denied A Job Over Head Scarf On June 1, 2015, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the LA Time article Supreme Court sides with Muslim girl denied a job over head scarf on June 1. Notre Dame law professor Richard Garnett saw the decision as reflecting the nation’s broad support for religious liberty. “The free exercise of religion takes place every day, not just on holy days, and in all aspects of life, including work,” he said.

Viewpoint: Correcting Misimpressions About Religious Freedom, Richard Garnett

Richard W Garnett

Op-ed Viewpoint: Correcting misimpressions about religious freedom by Rick Garnett was published in the South Bend Tribune on March 26, 2015.

Rick Garnett Was Quoted In The National Catholic Reporter Article Bishops Call For ‘Mutual Respect’ In ‘Necessary Dialogue’ On Rfra On April 1, 2015, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the National Catholic Reporter article Bishops call for ‘mutual respect’ in ‘necessary dialogue’ on RFRA on April 1. Richard Garnett, a law professor at the University of Notre Dame in northern Indiana, in an opinion column in the March 26 issue of the South Bend Tribune, called the state's RFRA a "moderate measure" modeled after the federal law and those of several other states and said it "does not give anyone a 'license to discriminate.'" Garnett noted that the more than 20 years of history of the applying of RFRA statutes to specific cases shows …

Is A Confederate Flag License Plate Free Speech?, Richard Garnett

Richard W Garnett

On March 23, Rick Garnett contributed to a Bloomberg Law podcast on "Is A Confederate Flag License Plate Free Speech?"

Rick Garnett Was Quoted In The Usa Today Article What The ‘Religious Freedom’ Law Really Means For Indiana On March 31, 2015, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the USA Today article What the ‘religious freedom’ law really means for Indianaon March 31. "It's not right to see RFRA as a response or a reaction to what's happening with sexual orientation discrimination or marriage," said University of Notre Dame law professor Richard Garnett, who supports the law. "It is bigger than that."

Rick Garnett Contributed To A Bloomberg Law Podcast On Is A Confederate Flag License Plate Free Speech? On March 23, 2015, Richard Garnett

Richard W Garnett

On March 23, Rick Garnett contributed to a Bloomberg Law podcast on Is A Confederate Flag License Plate Free Speech?

Rick Garnett Was Quoted In The Indy Star Article Indiana Religious Freedom Bills Fraught With Rhetoric On February 7, 2015, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the Indy Star article Indiana religious freedom bills fraught with rhetoric on February 7. Richard Garnett, a law professor at the University of Notre Dame and also an author of the letter, said it is "unfortunate that the facts about how religious-accommodations laws actually work, and what they actually do, are too often buried by inaccurate criticisms, implausible predictions, and name-calling."

Parents’ Beliefs Should Be Honored, Within Reason, Richard Garnett

Richard W Garnett

Rick Garnett had the op-ed Parents’ Beliefs Should Be Honored, Within Reason published in the New York Times on March 10.

Rick Garnett Was Quoted In The National Catholic Reporter Article While House Redistricting May Keep Gop In Place, Real Battle Is Within The Party On October 13., Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the National Catholic Reporter article While House redistricting may keep GOP in place, real battle is within the party on October 13.

Rick Garnett Was Quoted In The New York Times Article Among Justices, Considering A Divide Not Of Gender Or Politics, But Of Beliefs , July 11, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in The New York Times article Among Justices, Considering a Divide Not of Gender or Politics, but of Beliefs on July 11.

Freedom Of Religion And The Freedom Of The Church, Richard Garnett

Richard W Garnett

Rick Garnett posted a short essay called Freedom of Religion and the Freedom of the Church on the Liberty Law Forum on August 3, 2014. Liberty Forum is a platform for the discussion of the legal and philosophical principles that inform and govern a free people.

Rick Garnett Was Quoted In The South Bend Tribune Article What Do Recent Botched Executions Mean For Death Penalty? On August 31., Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the South Bend Tribune article What do recent botched executions mean for death penalty? on August 31.

“As a result of this focus, some minds may change,” said Richard Garnett, a professor of law at the University of Notre Dame and an expert on capital punishment. “I think it’s still too soon to say if this will be the catalyst for a new abolition movement.”

Rick Garnett Was Quoted By The Associated Press Article "Justices' New Term Has Expectations On Gay Unions" On October 5, Richard Garnett

Richard W Garnett

Rick Garnett was quoted by the Associated Press article "Justices' new term has expectations on gay unions" on October 5. Last term, the court bitterly divided over the religious rights of family-owned corporations that objected to paying for women’s contraceptives under President Barack Obama’s health care law. This case appears likely to unite the court, said University of Notre Dame law professor Richard Garnett. “I think there’s every reason to expect agreement among the justices that Arkansas hasn’t even come close to satisfying the burden,” Garnett said.

Symposium: Religious Pluralism, Civic Unity, And The Judicial Role, Richard Garnett

Richard W Garnett

Rick Garnett posted, as a guest author, to the SCOTUSblog Special Feature: Legislative prayer symposium Legislative prayer symposium the article Symposium: Religious pluralism, civic unity, and the judicial role on May 8.

Rick Garnett Was Quoted In The Abc News In Supreme Court Upholds Prayer At Town Meetings On May 5., Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the ABC News in Supreme Court Upholds Prayer at Town Meetings on May 5.